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Dormeyer v. Comerica Bank-Illinois

U.S. Dept. of Labor regulation saying that employers waive the Family and Medical Leave Act's minimal employee workload requirements as an affirmative defense under the statute if they don't "promptly" respond to a pregnant employee's request for leave is invalid because the regulation modifies the FMLA, which is beyond the agency's authority to change.

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The full case caption appears at the end of this opinion.

Posner, Chief Judge. The plaintiff, who worked asa teller for the defendant bank between April1994 and February 1996, brought suit against thebank and related entities unnecessary to discusscharging violations of the Family and MedicalLeave Act, 29 U.S.C. sec.sec. 2601 et seq., thePregnancy Discrimination Act, 42 U.S.C. sec.2000e(k), and the Fair Labor Standards Act, 29U.S.C. sec.sec. 206(a), 207(a), 215(a)(2). Therewere other charges as well, but they have fallenby the wayside. The defendant made an offer ofjudgment of $1,152 on the FLSA count (whichsought overtime pay), and this was accepted. Thedistrict court granted summary judgment for thedefendant on the other counts. The plaintiff thensought almost $35,000 in costs and attorneys’fees under the FLSA, which the judge cut down to$6,216. The appeals challenge both the dismissalof the FMLA and PDA counts and the reduction inthe amount of fees awarded for the successfulprosecution of the FLSA count.

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